Background
Jianming He, a native and citizen of the People’s Republic of China, petitioned for review of an order by the Board of Immigration Appeals. The Board had dismissed He’s appeal of an immigration judge’s denial of his application for asylum and withholding of removal. The agency made an adverse credibility finding against He.
The court’s reasoning
The court held that substantial evidence supports the agency’s adverse credibility finding. A reasonable adjudicator would not be compelled to conclude that the petitioner is credible under the totality of the circumstances. The petitioner failed to disclose that he was arrested in Cuba on his asylum application. The petitioner also gave inconsistent statements about the length of his trip and detention in Cuba. Although other reasons relied on by the agency do not support its ultimate credibility finding, once those unsupported reasons are disregarded, substantial evidence remains to support the agency’s determination that the petitioner was not credible.
What it means going forward
The petition for review was denied, the motion to stay removal was denied, and the temporary stay of removal entered pursuant to General Order six point four C was lifted.